AMF Mixed TopicsTue-20-05-2014, 14:54 PM
This is the latest info written in the Connextion newspaper last week.
Claim power bill cashback, urge lawyers.
€300 possible as EU rules green subsidy illegal.
Lawyers are urging all electricity users in France - private or business - to claim bill repayments for the last two years. This amounts to several hundred euros for many families.
It comes after the CSPE tax, which forms up to 10% of the average power bill, was rules illegal under EU law by the European Court of Justice (ECI) in December 2013. The tax - Contribution au Service Public d'Electricité - is levied by electricity providers to compensate for the costs of investing in greener power production. This is then paid to the state bank the Caisse des Dépots which then pays much of it back to the power suppliers to invest in alternative energy projects.
ECJ judges rules that this constituted state aid which might unfairly advantage firms in France and was thus against the fair competition rules of the EU marketplace. France should have asked permission from the European Commission before bringing it in.
The ruling was sought by the French Conseil d'Etat (the top administrative court and an official government advisory body) in connection with legal action by the anti-wind turbine pressure group Vent de Colére.
Lawyers told Connextion it means all electricity users have a strong case for reclaiming the tax. They advise people do so quickly before back dated claims are potentially ruled out.
The ECJ rejected France's request that the effect of its ruling should not be retroactive, but Lawyers say the Conseil d'Etat, which has not yet ruled on the matter, may seek to oppose back dated claims so lodging a claim before it rules is advisable.
Claims can be backdated for two years. Lawyer Sandrine Martinet-Beunier, from Clermont-Ferrand, says France is also thought to be trying to present its tax to the European Commission so it can now be seen to have declared it.
Ms Martinet-Beunier told Connextion: "As there has been no decision by the Conseil d'Etat yet, the best thing to do is to ask for a reimbursement of CSPE pais over the last 24 months starting from when you make the request, to the body charged with managing the tax." (see later story)
Business lawyers Lamy-Lexel, based in Paris and Lyon, also advise this, stating that the Conseil d'Etat is bound to follow EU principles in matter of state aid and that "in principle, these rules provide that any non-notified state aid is illegal".
The say that people should put in claims "without waiting for a Conseil d'Etat decision....so as to safeguard their rights.".
Avocat Christian Guichard of Lamy-Lexel said it appears so far this information has been mostly communicated among large (business) users of electricity rather than to the public. No refunds are as yet known to have been made.
The amount of CSPE is itemised on bills so you can check this by consulting your old bills - often these ae stored online at your personal space on the energy suppliers website if you no longer have a paper copy.
How to Claim:To
Lamy-Lexel say claims should be made to :
M. le President.
The Comité de Régulations de L'Energie (CRE),
15 Rue Pasquier,
75379,
Paris.
Your letter should be sent by recorded delivery - lettre recommandée avec accusé de reception (LRAR), with copies of the relevant bills as proof of having paid the tax. It is advisable to keep a copy of documents sent.
Connextion asked EDF to comment on how it intends to deal with requests but it had not replied as we went to press.
This comes as new Energy Minister Ségoléne Royal vetoed the prospect of households having to pay top-up electricity bills of €30-50 after the Conseil d'Etat ruled a price-rise limit set by the Ayrault government in 2012 had not allowed EDF to cover its costs. However, bills will still rise 5% from August as had been planned.
To help readers make a CSPE claim we have placed a sample letter in French at http://www.connexionfrance.com"thumb"
Claim power bill cashback, urge lawyers.
€300 possible as EU rules green subsidy illegal.
Lawyers are urging all electricity users in France - private or business - to claim bill repayments for the last two years. This amounts to several hundred euros for many families.
It comes after the CSPE tax, which forms up to 10% of the average power bill, was rules illegal under EU law by the European Court of Justice (ECI) in December 2013. The tax - Contribution au Service Public d'Electricité - is levied by electricity providers to compensate for the costs of investing in greener power production. This is then paid to the state bank the Caisse des Dépots which then pays much of it back to the power suppliers to invest in alternative energy projects.
ECJ judges rules that this constituted state aid which might unfairly advantage firms in France and was thus against the fair competition rules of the EU marketplace. France should have asked permission from the European Commission before bringing it in.
The ruling was sought by the French Conseil d'Etat (the top administrative court and an official government advisory body) in connection with legal action by the anti-wind turbine pressure group Vent de Colére.
Lawyers told Connextion it means all electricity users have a strong case for reclaiming the tax. They advise people do so quickly before back dated claims are potentially ruled out.
The ECJ rejected France's request that the effect of its ruling should not be retroactive, but Lawyers say the Conseil d'Etat, which has not yet ruled on the matter, may seek to oppose back dated claims so lodging a claim before it rules is advisable.
Claims can be backdated for two years. Lawyer Sandrine Martinet-Beunier, from Clermont-Ferrand, says France is also thought to be trying to present its tax to the European Commission so it can now be seen to have declared it.
Ms Martinet-Beunier told Connextion: "As there has been no decision by the Conseil d'Etat yet, the best thing to do is to ask for a reimbursement of CSPE pais over the last 24 months starting from when you make the request, to the body charged with managing the tax." (see later story)
Business lawyers Lamy-Lexel, based in Paris and Lyon, also advise this, stating that the Conseil d'Etat is bound to follow EU principles in matter of state aid and that "in principle, these rules provide that any non-notified state aid is illegal".
The say that people should put in claims "without waiting for a Conseil d'Etat decision....so as to safeguard their rights.".
Avocat Christian Guichard of Lamy-Lexel said it appears so far this information has been mostly communicated among large (business) users of electricity rather than to the public. No refunds are as yet known to have been made.
The amount of CSPE is itemised on bills so you can check this by consulting your old bills - often these ae stored online at your personal space on the energy suppliers website if you no longer have a paper copy.
How to Claim:To
Lamy-Lexel say claims should be made to :
M. le President.
The Comité de Régulations de L'Energie (CRE),
15 Rue Pasquier,
75379,
Paris.
Your letter should be sent by recorded delivery - lettre recommandée avec accusé de reception (LRAR), with copies of the relevant bills as proof of having paid the tax. It is advisable to keep a copy of documents sent.
Connextion asked EDF to comment on how it intends to deal with requests but it had not replied as we went to press.
This comes as new Energy Minister Ségoléne Royal vetoed the prospect of households having to pay top-up electricity bills of €30-50 after the Conseil d'Etat ruled a price-rise limit set by the Ayrault government in 2012 had not allowed EDF to cover its costs. However, bills will still rise 5% from August as had been planned.
To help readers make a CSPE claim we have placed a sample letter in French at http://www.connexionfrance.com"thumb"
